Common use of LIABILITY AND WARRANTY DISCLAIMER Clause in Contracts

LIABILITY AND WARRANTY DISCLAIMER. The Agency provides websites on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Client agrees that The Agency is not liable for absence of service as a result of illness or holiday. Client agrees that The Agency is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Agency is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from The Agency to Client, Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, The Agency cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for Client at its own discretion. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, the Developer can correct errors for Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup. The Agency shall have no liability to Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if The Agency has been advised of the possibility of such damages. The Agency may from time to time recommend to Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The Agency reserves the right to quote for any updates as separate work. Client agree The Agency is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold The Agency harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Appears in 1 contract

Samples: Website Development Contract

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LIABILITY AND WARRANTY DISCLAIMER. The Agency Company provides websites their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Company cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete. The Company endeavors to provide a web site within given delivery timescales to the best of its ability. However, the Client agrees that the Company is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery timescale. The Agency Client agrees the Company is not liable for absence of service as a result of illness or holiday. The Client agrees that The Agency the Company is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Agency Company is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from The Agency the Company to the Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, The Agency the Company cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client at its own discretion. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, the Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup. Should the Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, the Company reserves the right to cancel forthwith any projects and invoice Client for any work completed. The Agency Company shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if The Agency the Company has been advised of the possibility of such damages. There are laws and taxes which affect Internet ecommerce. The Agency Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce. The Company may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The Agency Company reserves the right to quote for any updates as separate work. Client agree The Agency agrees the Company is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold The Agency the Company harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Appears in 1 contract

Samples: Terms and Conditions for Website Development

LIABILITY AND WARRANTY DISCLAIMER. The Agency Developer provides websites their web site and the contents thereof on an "as is" basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Developer cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete. Developer endeavors to provide a web site within given delivery timescales to the best of it's ability. However, the Client agrees that The Agency Developer is not liable for absence of service as any claims, losses, costs incurred or compensation due to any failure to carry out services within a result of illness or holidaygiven delivery timescale. The Client agrees that The Agency Developer is not liable for any failure to carry out services for reasons beyond its it's control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Agency Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from The Agency Developer to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, The Agency Developer cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer can correct these errors for the Client at its own discretion. If after handover of files errors are found in code the Developer has created and the main browsers Internet Explorer, Google Chrome, Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, the Developer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup. The Agency Should Client goes into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Developer reserves the right to cancel forthwith any projects and invoice Client for any work completed. Developer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if The Agency Developer has been advised of the possibility of such damages. The Agency There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce. Developer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The Agency Developer reserves the right to quote for any updates as separate work. Client agree The Agency agrees Developer is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold The Agency Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Appears in 1 contract

Samples: Terms and Conditions

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LIABILITY AND WARRANTY DISCLAIMER. The Agency Developer/Designer provides websites their website and the contents thereof on an “as is” basis and makes no warranties war- ranties with regard to the site and its it’s contents, or fitness of services offered for a particular purpose. Devel- oper/Designer cannot guarantee the functionality or operations of their website or that it will be uninterrupt ed or error free, nor does it warrant that the contents are current, accurate or complete. Developer/Designer endeavors to provide a website within given delivery time scales to the best of it’s abil- ity. However, the Client agrees that Developer/Designer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale. The Agency Client agrees Developer/Designer is not liable for absence of service as a result of illness or holidayholiday time. Developer/Xx- xxxxxx has a third party associate who may be able to take on work should there be the need to. The Client agrees that The Agency Developer/Designer is not liable for any failure to carry out services for reasons beyond its it’s control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme ex- treme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services. The Agency Developer/Designer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover hand over of files from The Agency Developer/Designer to Client, the Client shall assume entire responsibility in ensuring en- suring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, The Agency Developer/Designer cannot guarantee that the display or functionality of the web design or the web site website will be uninterrupted or error free. If after handover hand over of files errors are found in code the Developer Developer/ Designer has created and the main browsers Internet Explorer, Google Chrome, Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then Developer Developer/Designer can correct these errors for the Client at its own discretionfree of charge. If after handover hand over of files errors are found in code the Developer Developer/Designer has created and the main browsers Internet Explorer, Google Chrome, Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, the Developer Developer/Designer can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup. The Agency Should Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, Developer/Designer reserves the right to cancel forthwith any projects and invoice Client for any work completed. Developer/Designer shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if The Agency Developer/Xx- xxxxxx has been advised of the possibility of such damages. The Agency There are sometimes laws and taxes which affect Internet ecommerce. Client agrees that it is their respon- sibility to comply with such laws and will hold harmless, protect, and defend Developer/Designer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecom- merce. Developer/Designer may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. The Agency Devel- oper/Designer reserves the right to quote for any updates as separate work. Client agree The Agency agrees Developer/Designer is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold The Agency Developer/Designer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Appears in 1 contract

Samples: Website Design Agreement

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